Petition for Modification
In the matter of
Excel Mining, LLC.
Mine No. 3
I.D. 15-08079
Docket No. M-2001-018-C
30 CFR 75.388(a)(1)
PROPOSED DECISION AND ORDER
On February 15, 2001, a petition was filed seeking a modification of the application of 30 CFR 75.388(a)(1) to Petitioner's Mine No. 3, located in Pike County, Kentucky. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The petition is intended to apply to panels being developed by room and pillar mining methods to allow the advancing and parallel retreat workings to be closer than 50 feet to an area which could not be preshift examined and without drilling boreholes in advance of mining.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner as amended by the recommendations of MSHA will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.388(a)(1).
The standard at issue, 75.388(a)(1), requires boreholes to be drilled in each advancing working place when it approaches to within 50 feet of any area located in the mine as shown by surveys that are certified by a registered engineer or registered surveyor unless the area has been preshift examined.
The petitioner has proposed that, on the basis of greater than industry standard survey accuracy and the use of laser sighting devices installed on surveyed sighting stations in place of manual sight sticks, the distance at which borehole drilling must commence in advance of mining be reduced from fifty feet to 25 feet. In granting the modification, the PDO includes provisions limiting the application of the modification to advancing production panels which are immediately adjacent to recently completed panels (worked out and inaccessible for preshift examination) in which the recent mining experience, approved ventilation plan and surveyed configuration and contour of the floor make the accumulation of gas or water unlikely. Further, the PDO sets a standard for surveying accuracy higher than industry standards for normal mine surveying and specifies record keeping and reporting of unintentional cut-through during mining or failures to meet required surveying accuracy. In addition, MSHA has maintained the requirement for boreholes in advance of mining when approaching known or suspected accumulations of gas or water and where mining approaches within the reduced distance justified by higher order surveying and sightline control of mining advance.
On the basis of the petition and the findings of MSHA's investigation, Excel Mining, LLC is granted a modification of the application of 30 CFR 75.388(a)(1) to its Mine No. 3.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(C) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Excel Mining, LLC's Petition for Modification of the application of 30 CFR 75.388(a)(1) in the Mine No. 3 is hereby:
GRANTED, for the use of administrative and engineering controls in lieu of drilling boreholes when the working place approaches to within 25 feet of an adjacent panel that cannot be preshift examined, conditioned upon compliance with the following terms and conditions:
1. This PDO, once final, shall apply to new panels within the same mine that are started within 6 months after mining in the adjacent panel is completed and where:
a. the adjacent worked out panel is not sealed and is ventilated in accordance with the approved mine ventilation plan;
b. the adjacent panel has been second mined using partial or full pillar recovery or where no secondary recovery has occurred but the panel has been determined unsafe for entry to conduct preshift examinations by District Manager approval of an alternative method of evaluation under 30 CFR 75.364(a); and
c. the adjacent panel is unlikely to contain impounded water or accumulations of explosive or noxious gases.
2. Any panel which is advancing at the time this PDO becomes final may also serve as an acceptable adjacent panel if it meets the criteria in (1)a., b., and c. above. In addition, the outside entry and any rooms or secondary recovery developed off the outside entry nearest the next projected panel must have been surveyed: (a) using the closed loop survey method with a closure accuracy of not less than 1:15,000 and (b) with stations set and floor elevations recorded at least every three crosscuts, but not more than every 200 feet.
3. The depth of panels developed or immediately adjacent to areas for which relief is requested under this petition shall not exceed 6000 feet. The depth shall be measured from the deepest point of penetration of the panel or its connection to a bleeder entry, outby to the centerline of the entry from which the panel was advanced.
4. Directional controls, survey stations/spads and surveys made or advanced shall be constantly maintained and supervised by a registered professional engineer or registered land surveyor certified by the state in which the mine is located in order to ensure a positional accuracy and error of survey closure of no less than 1:15,000 at all times. If upon completion of a closed loop survey, the closure accuracy is at least 1:10,000; advance mining can continue while the survey is repeated and/or the cause of failure to meet the required closure determined and corrected. Mining shall not continue whenever the closure accuracy is less than 1:10,000; and mining shall not resume until the discrepancy is found and corrected and the required survey closure accuracy of 1:15,000 is achieved.
5. Closed-loop surveys shall be conducted to establish the starting point for each panel and every 700 feet within each panel thereafter as each panel is being developed. These surveys shall include both of the outermost entries of the panel. A closed-loop survey shall also be conducted and tied into the survey at the back end of the adjacent mined-out panel prior to retreat mining of the active panel. The registered land surveyor or registered professional engineer responsible for conducting the closed-loop surveys shall, within 24 hours of completion of a survey, calculate the closure accuracy and barrier pillar width, immediately report to mine management and the MSHA District Manager any failure to meet the required closure accuracies or a calculated barrier pillar width of less than 25 feet, and make arrangements to repeat or correct the survey as described in Paragraph 4 above. The responsible engineer or surveyor shall maintain a record of initial and final closures of each survey and shall make this record available to any Authorized Representative of the Secretary upon request.
6. Survey stations shall be established in both outside entries of the panel at intervals not exceeding every third crosscut but not to exceed 200 feet and floor elevations shall be taken at each survey station.
7. Spads set in the outer entries by these surveys shall be readily distinguishable from other mine survey spads and shall be replaced as necessary to ensure they are available for use during both development and retreat of the panel.
8. Development of the active panel shall not be advanced beyond 700 feet of the most recent closed-loop survey conducted within the panel. The most recent closed-loop survey shall not be considered completed until the survey closure meets or exceeds the required accuracy of 1:15,000.
9. Additional precautions shall be taken when establishing the sight lines in the outside entries of each panel. Permissible laser sights shall be used in these entries to enhance the accuracy of the sight lines so that encroachment on the adjacent mined-out panel is avoided.
10. The mine operator shall submit to the district manager for his approval, as part of the mine's ventilation plan, the maximum number of adjacent panels proposed to be cut together using this alternative method.
11. Adjacent panels shall not be cut through on the advance without prior drilling of boreholes through the barrier into the adjacent mined-out panel. The number, direction and location of boreholes shall be sufficient to determine the presence of methane, carbon dioxide, or water that may pose a hazard to the miners. Whenever a cut-through is made on the advance, ventilation controls shall be installed in the cut-through to ensure proper ventilation of both the active and mined-out panels.
12. Maps of all workings mined under the terms and conditions of this PDO shall include all room necks, discontinued faces and pillars and shall accurately show the extent of mining to the points of deepest penetration.
13. A map of the panel currently being mined and any adjacent mined-out panels shall be kept on the active section of each panel being mined under the terms and conditions of this PDO. Both the 30 CFR 75.1200 mine map on the surface and the map on the section shall be kept up to date by hand notations made by the section foreman or by other persons authorized by mine management using information provided by the section foreman on a daily basis. The section map shall be brought up to date each operating shift to include areas mined during the previous shift before commencement of mining on any subsequent shift.
14. The mine operator shall specify in the approved ventilation plan the minimum air quantity and quality to be maintained at the bleeder measuring point of the adjacent mined-out panel. The ventilating pressure of the advancing panel and the adjacent worked out area shall be regulated such that in the event of an unintentional or intentional cut-through, air will flow from the advancing panel into the worked out area.
15. The mine operator shall also specify in the approved ventilation plan the minimum air quantity to be maintained passing over the continuous mining machine at the point of any cut-through into an adjacent mined-out panel or bleeder entry. The air quantity shall be equivalent to or greater than the scrubber output.
16. During retreat mining of the active panel, the mine operator shall mine the barrier between the active and adjacent mined-out panel following either method a. or b. below:
a. A solid coal barrier shall be left between the active panel and the adjacent mined-out panel that is at least 20 feet wide, or greater if required by the approved roof control plan for the mine, for the entire length of each panel. When this method is used, the intake and return checkpoints for the adjacent mined-out panel(s) shall be preshifted during retreat mining of the active panel. Records of these examinations shall be recorded in the preshift examination book for the mine.
b. All or most of the barrier between the active panel and the adjacent mined-out panel will be removed, or a cut made through the barrier into the mined-out panel at least every 300 feet or every third crosscut, whichever distance is less, during retreat mining of each panel. Where adverse roof conditions prevent mining the barrier pillar, infrequent cuts at an interval somewhat greater than 300 feet may occur. On such occasions and where recent mining experience warrants, precautions against mining into accumulations of water or gas, up to and including drilling a borehole in advance of mining, shall be taken. When this method is used, the intake and return checkpoints for the adjacent mined-out panel(s) shall be examined weekly during retreat mining of the active panel. Records of these examinations shall be recorded in the weekly examination book for the mine.
17. Mining of the virgin or solid coal outer rib shall not be conducted during either development or retreat mining of the active panel.
18. At all times, approved self-contained self-rescue devices shall be worn or carried by each person when underground and while on an active panel being mined under the terms and conditions of this PDO. Where the wearing or carrying of the self rescue device is hazardous to the person, it shall be placed in a readily accessible location no greater than 25 feet form such person.
19. Any unintentional cut-through into an adjacent mined-out panel shall be:
a. immediately reported to mine management and the registered engineer or surveyor responsible for maintaining surveys and directional controls,
b. recorded in the on-shift examination record book for the mine at the end of that shift, and
c. reported to the local MSHA office within 24 hour of the occurrence. In addition, the mine operator shall evaluate the cut-through to determine the cause and submit a report to the MSHA District Manager explaining how they will prevent such occurrences so the safety of miners is not adversely affected by continued implementation of this PDO. The records of survey accuracy described in paragraph 4 above, shall be considered essential to validating any report conclusions or recommendations. During the pendency of MSHA review of this report and any subsequent revocation action which may result from the cut-through, drilling of boreholes in advance of mining approaching within 50 feet of any location which cannot be preshift examined shall be conducted.
20. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. The proposed revisions shall include initial and refresher training regarding compliance with the Proposed Decision and Order.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site.
If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
____________________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health